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Judge in James Holmes case considering possible questions for jurors

By Noelle PhillipsThe Denver Post

Posted:
05/29/2014 10:52:41 AM MDT

Defense attorney for James Holmes, Daniel King, center, arrives at the Arapahoe County Justice Center for a motion hearing involving particular procedures during jury selection at the Arapahoe County Justice Center, Thursday morning, May 29, 2014 for the upcoming trial of Homes, who is accused of killing 12 people and injuring over 70 people in a mass shooting at an Aurora Colorado movie theater July 20, 2012. (Andy Cross, The Denver Post)

CENTENNIAL — Lawyers involved in the James Holmes murder case hashed out details Thursday on how jury selection will be handled.

But two major questions remain.

Judge Carlos Samour has not decided whether he will allow attorneys to introduce questions about an insanity defense during jury selection.

Defense attorneys want to introduce the issue, but prosecutors have objected.

Holmes has pleaded not guilty by reason of insanity to the 2012 Aurora theater shooting attack that killed 12 people and wounded dozens more.

The other question that's still unanswered: How much of the jury-selection process will be open to the public?

Arapahoe County district attorney, George Brauchler, arrives at the Arapahoe County Justice Center for a motion hearing for particular procedures during jury selection for the Aurora theater shooting case at the Arapahoe County Justice Center, Thursday morning, May 29, 2014. (Andy Cross, The Denver Post)

Defense attorneys have asked to close the entire jury selection, and prosecutor Karen Pearson said Thursday she wants the individual voire dire sessions closed.

Both sides are concerned about potential jurors seeing questionnaires and learning what they will be asked before they appear in court for the selection process.

"We don't want the jurors answering these questions on the world stage," said Daniel King , one of Holmes' public defenders.

Samour did decide, over prosecutors' objections, that Holmes could be present during introductory comments to prospective jurors.

Six thousand potential jurors are expected to be summoned for the trial, currently scheduled to begin in October. It is expected to take months for lawyers to seat 12 jurors and 12 alternates.

Much of Thursday's hearing focused on how the court will handle such a large jury pool. The judge addressed everything from the informational packets mailed to prospective jurors to where they will sit.

Defense attorneys for James Holmes, Tamara Brady, left, and Daniel King, arrive at the Arapahoe County Justice Center for a motion hearing involving particular procedures during jury selection at the Arapahoe County Justice Center, Thursday morning, May 29, 2014. (Andy Cross, The Denver Post)

Other issues addressed included evidence storage, length of opening arguments and preparation for protesters outside the courthouse.

"I do feel jurors should be able to come and go without feeling the pressure of a mob mentality that may develop outside this courtroom," said District Attorney George Brauchler.